Resolution 13160CITY OF ALAMEDA RESOLUTION NO. 13160
ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION
MONITORING PROGRAM FOR ITHE NAVAL AIR NTERCEPTOR SYSTEM POROJECTMEDA
REPLACEMENT WASTEWATER
WHEREAS, the City of Alameda wishes to replace the existing wastewater interceptor
system serving Alameda Point with a system of much greater reliability that meets modern municipal
standards and codes;
WHEREAS, the City of Alameda wishes to locate the vast majority of the wastewater system
serving Alameda Point within the jurisdiction of the City of Alameda in order to eliminate or avoid
onerous conditions or fees that might be levied by other jurisdictions, and
WHEREAS, the proposed wastewater system will provide operational redundancy and
desired maintenance capacity for the East Bay Municipal Utility District system at the proposed
Estuary crossing; and
WHEREAS, the project would eliminate the pipeline from the portion of the Oakland Inner
Harbor subject to foreseeable deepening thus eliminating potential liability and inter - agency conflict
by locating the proposed pipeline outside active marine channel activities; and
WHEREAS, the project will enhance protection of the public and the environment by
improving system reliability and reducing the chance for potential contamination of Bay waters,
especially during peak wet weather condition. s; and
WHEREAS :.the project will place ownership and responsibility for operation of the
wastewater system under the most effective regional control; and
WHEREAS, the subject properties are located within the boundaries of the Alameda Point
Improvement Project area and the Business and Waterfront Improvement Project area administered
by the Community Improvement Commission; and
WHEREAS, a draft Initial Study and the proposed Mitigated Negative Declaration was
circulated for public comment between October 25, 1999 and November 24, 1999; and written
comments were received from the following public agencies, organizations and individuals:
1. Department of the Army, Corps of Engineers, San Francisco District
2. San Francisco Bay Conservation and Development Commission
WHEREAS, a written response was prepared addressing the stated concerns and is
incorporated by reference into this document; and
WHEREAS, the City Council held a public hearing on this Negative Declaration on
December 7, 1999, examined pertinent maps and documents, considered the testimony and written
comments received; and
WHEREAS, the City Council has made the following findings:
1 The project does not have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self- sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major Periods of California history or prehistory
because the project area is predominantly developed and paved, and construction within this
developed setting would not impact animal or plant communities. For the Estuary crossing,
best management practices and construction techniques employing "trenchless technologies"
would be implemented to avoid effects to fish or wildlife species. The proposed project
would not reduce the number or restrict the range of rare or endangered species. Two
historic districts and their associated structures exist in and adjacent to the project area.
These resources will not be affected by the project because the route of the pipeline has been
established to avoid effects to such resources.
2. The project as mitigated does not have the potential to achieve short-term, to the
disadvantage of long -term, environmental goals as the purpose of the project is to ensure the
long -term safe and efficient transport of municipal wastewater in the most environmentally
sound manner.
3. The project would make short- term contributions to the following cumulative impacts: air
pollution, water pollution, noise, and traffic congestions. The contribution of the project to
these impacts would be minor, and is not considered cumulatively considerable.
4. Prior to mitigation, the project would have the potential to cause substantial adverse short-
or long -term effects on human beings, either directly or indirectly in the following areas:
aesthetics, seismic hazards, potentially contaminated soil and groundwater, and vehicular and
non - motorized transportation. With implementation of mitigation measures proposed in the
Mitigation Monitoring Program, these impacts will be reduced to a level considered less than
significant.
WHEREAS, City Council has made findings, described in Attachment "A ", that all
significant and potentially significant environmental impacts of the project can be reduced to a level
of insignificance;
NOW, THEREFORE BE IT RESOLVED that the Council of the City of Alameda hereby
adopts a Negative Declaration and the Mitigation Monitoring Program, Attachment "B ".
G: \CC\RESO \1 sewer
ATTACI -IMENT A
FINDINGS REGARDING SIGNIFICANT IMPACTS
THAT CAN BE MITIGATED TO A LEVEL OF INSIGNIFICANCE
The following sets forth all significant effects of the project, all of which can be reduced to a level
of insignificance, and less than significant impacts for which mitigation is recommended.
1. Aesthetics The use of night lighting to provide adequate illumination of the construction area
could be visible from the Estuary and from residences located in the U.S. Coast Guard
housing area. This would be considered a short -term potentially significant impact.
Finding. The City Council hereby makes finding: Changes or alterations have been required
in, or incorporated into the project which avoid or substantially lessen the significant
environmental effect as identified in the Mitigated Negative Declaration/Initial Study.
Facts in Support of Findings. The following mitigation measures indicate that the identified
impact will be reduced to a level of insignificance.
Visual -1: The contractor will use downward- directional lighting during nighttime
construction.
Visual -2: Should the City receive complaints from residential land uses with the
contractor using downward- directional lighting, the contractor will utilize
shields on site during nighttime construction.
2. Construction Dust The pipeline construction would generate minor amounts of fine
particulate matter (PMIO) and other pollutants from disturbed soil, construction vehicles
traveling on unpaved roads, and tracking site soils onto paved roads. The ` failure to
implement appropriate dust control measures would be a potentially significant impact.
Finding. The City Council hereby makes finding: Changes or alterations have been required
in, or incorporated into the project which avoid or substantially lessen the significant
environmental effect as identified in the Mitigated Negative Declaration/Initial Study.
Facts in Support of Finding. The following mitigation measures indicate that the identified
impact will be reduced to a level of insignificance.
Dust Control Basic Measures.
Air- 1: Water active construction areas at least twice daily.
Air -2: Cover trucks hauling soil, sand, or other loose materials, or require trucks to maintain
at least two feet of freeboard.
1
Air -3: Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
Air -4: Sweep daily (with water sweepers) all paved access roads, parking areas, and staging
areas at construction sites.
Air -5: Sweep daily (with water sweepers) if visible soil material is carried onto adjacent
public streets.
Dust Control Enhanced Measures.
Air -6: Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
Air -7: Enclose, cover, water twice daily, or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.).
Air -8: Limit traffic speeds on paved roads to 15 mph.
Air -9: Install sandbags or other erosion control measures to prevent silt to public roadways.
Air -10: Replant vegetation in disturbed areas as quickly as possible.
The implementation of these Mitigation Measures would reduce the impact of dust from
construction of the project to a less - than - significant level.
3. Wetlands Construction of the northern alignment may have short-term impacts to wetlands
should the City decide to trench through the wetland area This would be considered a short -
term potentially significant impact.
Finding. The City Council hereby makes finding: Changes or alterations have been required
in, or incorporated into the project which avoid or substantially lessen the significant
environmental effect as identified in the Mitigated Negative Declaration/Initial Study.
Facts in Support of Finding. The following mitigation measure indicates that the identified
impact will be reduced to a level of insignificance.
Biology -1 Should the wetland area along the northern edge of Main Street be altered by
construction of the northern alignment, the City will restore the wetland in
accordance with conditions of permits granted by the U.S. Army Corps of
Engineers and the Regional Water Quality Control Board. If required by
permit conditions, the City will create /enhance and preserve wetlands in
accordance with pre- agreed permit requirements.
The implementation of this Mitigation Measure would reduce the impact from construction
of the project to a less - than - significant level.
2
4. Cultural Resources Currently unknown archaeological resources or human remains could
be encountered during construction. This would be considered a potentially significant
impact.
Finding. The City Council hereby makes finding: Changes or alterations have been required
in, or incorporated into the project which avoid or substantially lessen the significant
environmental effect as identified in the Mitigated Negative Declaration/Initial Study.
Facts in Support of Finding. The following mitigation measure indicates that the identified
impact will be reduced to a level of insignificance.
Cultural -1 Should currently unknown cultural resources be encountered during
construction, the EBMUD contractor will immediately notify the City, who
will contact a qualified Archaeologist. The Archaeologist will evaluate the
resource in consultation with local Native American organizations. EBMUD
will redirect work away from the area until notified by the Archaeologist.
This measure will be enforced via construction contract specifications.
The implementation of this Mitigation Measure would reduce the impact from construction
of the project to a less -than- significant level.
5. Geology and Soils Strong ground shaking could occur during an earthquake, during either
construction or operation of the proposed project. Shaking could result in substantial adverse
effects to threat to the aboveground pump station. Conditions for liquefaction exist at the
project site, and structures and pipelines, but not humans, could be impacted. `these would
be considered potentially significant impacts.
Findings. The City Council hereby makes findings: Changes or alterations have been
required in, or incorporated into the project which avoid or substantially lessen the
significant environmental effect as identified in the Mitigated Negative Declaration/Initial
Study.
Facts in Support of Findings. The following mitigation measures i the identified
impact will be reduced to a level of less - than - significant.
Geo -1 Existing and planned project elements will meet Uniform Building Code Seismic
Zone 4 design standards to withstand expected earthquake ground shaking. Design
will be verified for seismic loading by California - registered Professional Civil and
Geotechnical Engineers; recommendations by the same regarding site preparation,
and design will be incorporated into project plans. The secondary focus of project
design would be minimization of substantial earthquake - related equipment damage,
and avoidance of off -site impacts.
ndicate that
3
Geo -2 A geotechnical analysis will be conducted and design will comply with the
requirements and recommendations of the geotechnical analysis.
Geo -3 New pipeline elements will be designed with horizontally restrained joints where
appropriate.
6. Hazards and Hazardous Materials Some contaminants at the Installation Restoration site
(IR02) within the southern alternative are volatile, and the pipeline trench may create a
pathway for migration of these contaminants Should this occur, it would considered a
significant impact. Additionally, decant water from IR02 or other construction areas could
be substantially contaminated. Should this occur, it would be considered a potentially
significant impact.
Findings. The City Council hereby makes findings: A change in wording was made to
Mitigation Measure Haz -6 to clarify funding responsibility under State and Federal law.
Changes or alterations have been required in, or incorporated into the project which avoid
or substantially lessen the significant environmental effect as identified in the Mitigated
Negative Declaration/Initial Study.
Facts in Support of Findings. The following facts or mitigation measures indicate that the
identified impact will be reduced to a level of insignificance.
Haz -1
Haz -2
Haz -3
Haz -4
To ensure protection of public health and the environment, the contractor
shall submit plans, procedures, and controls to be used when encountering
hazardous conditions and substances during construction to EBMUD for
prior approval.
To ensure protection of public health and the environment at easement
locations, EBMUD shall submit all proposed construction and rehabilitation
plans to the Navy for prior approval.
To ensure protection of public health and the environment, EBMUD shall
coordinate with federal and state regulatory agencies before disturbing soil
or groundwater. The intent of this additional coordination is to identify
precautionary measures to be implemented during construction.
Should unanticipated hazardous waste be encountered during construction,
the contractor will stop excavation in that area and immediately contact
EBMUD.
Haz -5 EBMUD will notify FISC lessees, tenant(s) at Alameda Gateway (northern
alternative) and the residents within 200 feet of known areas of
4
Haz -6
Haz -7
Haz -8
Haz -9
contamination (southern alternative) prior to construction in areas of
contamination.
The contractor will evaluate potentially contaminated materials encountered
during construction in the context of applicable local, State and federal
regulations and/or guidelines governing hazardous waste. The contractor will
remediate or dispose of materials deemed hazardous, with funding provided
by the responsible party or generator of the hazardous waste pursuant to
Section 330 of the National Defense Authorization Act of Fiscal Year 1993
[Pub L. 102 -484], following applicable agency regulations and/or guidelines.
Qualified hazardous waste personnel will supervise and document
evaluations, remediation, treatment and /or disposal of hazardous waste.
EBMUD has developed a field sampling plan, sample analysis requirements,
quality assurance /quality control, and wastes characterization and disposal
methods and requirements as part of their EBMUD Trench Spoils Field
Management Practice Manual (EBMUD, 1998). Construction personnel will
utilize the protocols in this manual.
Should excavated material be determined to contain chemicals at
concentrations considered hazardous, the contractor shall transport the
material to a licensed facility for treatment/disposal. Such materials shall be
covered while being hauled.
The contractor shall comply with the requirements of the City's excavation
ordinance on marsh crust. This proposed ordinance expands and clarifies the
requirements of Ordinance 13 -56, the City's Excavation Ordinance. The
marsh crust ordinance includes the following: permit application
requirements; certification provisions; notification provisions; material
handling requirements; use of best management practices; the requirement for
creation of a health and safety plan; and bonding provisions. The anticipates
the ordinance will be adopted by the City Council in December 1999. The
contractor shall meet the requirements of the ordinance whether or not it is
adopted by the City Council.
The contractor shall handle groundwater brought to the surface in compliance
with relevant construction permit conditions. If contamination is suspected
or noted during construction, decant water would be containerized and
analyzed by a California Environmental Protection Agency Environmental
Laboratory Accreditation Program (ELAP)- certified laboratory using EPA -
approved analytical methods. Options for ultimate disposal of decant water
could include the following: direct discharge to the stormwater system; direct
5
discharge to the sanitary sewer system; pretreatment, followed by discharge
to the stormwater or sanitary sewer system; or transport to and disposal at an
appropriately permitted facility in compliance with relevant State and federal
regulation.
Haz -10 In areas of known contamination, the contractor shall secure the construction
zone with fencing or other barriers of sufficient height and structural integrity
to prevent unauthorized entry.
Haz -11 In areas of known contamination, the contractor shall post "No Trespassing"
signs to deter unauthorized.
Haz -12 In areas of known contamination, the contractor shall arrange site security
and conduct meetings with construction personnel to inform them about
required security measures and reporting /contingency measures.
Haz -13 In areas of known contamination, the contractor shall monitor for subsurface
contamination. Monitoring will, at a minimum, include visual observation
and screening of excavated material for organic vapors with a photo
ionization detector PID by personnel with appropriate hazardous materials
training, including 40 hours of Occupational Safety and Health
Administration (OSHA)- approved Health and Safety training.
Haz -14 Prior to finalization of design for the FISC Alameda IR02 area, EBMUD will
undertake additional site characterization to determine if there exists the
potential for migration of in-ground contaminants via the pipeline trench.
Should thee potential exist, EBMUD will include design features to prevent
such migration.
7. Hydrology /Water Quality Several construction activities could require dewatering,
generating decant water. Should this water be substantially polluted and reach receiving
waters, it would considered a significant impact. Along the northern alternative,
construction activities would occur in close proximity to drainage ditches displaying wetland
characteristics and the Estuary. Soils disturbed during pipeline construction could erode and
migrate into the ditches, should rainfall occur during construction. This would be a
potentially significant impact.
Findings. The City Council hereby makes findings: Changes or alterations have been
required in, or incorporated into the project which avoid or substantially lessen the
significant environmental effect as identified in the Mitigated Negative Declaration/Initial
Study.
6
Facts in Support of Findings. The following facts or mitigation measures indicate that the
identified impact will be reduced to a level of insignificance.
HYDRO -1: Construction decant water will be tested at the source, and depending on its
quality will be:
• discharged, or treated and then discharged to the stormwater system
in compliance with RWQCB requirements for discharge to the
Estuary.
• routed to the EBMUD wastewater system for treatment and ultimate
discharge to the Bay in compliance with EBMUD's NPDES permit;
hauled to an appropriately permitted landfill for disposal; or
• treated as hazardous, subject to Mitigation Measures Haz -1 through
Haz -7 and Haz -9, described above.
Hydro -2: In the vicinity of wetland south of the pipeline alignment through Alameda
Gateway (northern alternative), the contractor will sidecast material removed
from the pipeline trench to the north of the trench until the material is used
to backfill over the pipeline. In this manner, any minor erosion that occurred
as the result of an unanticipated rainfall event would flow away from the
nearby ditches.
Transportation/Traffic Portions of the replacement interceptor system would be constructed
in or across local roadways, and this construction has the potential to create temporary traffic
congestion during peak periods or to otherwise affect traffic on Main Street and Mariner
Square Drive. During construction, in- street trenching could pose a hazard to bicyclists or
vehicles. These would be potentially significant short -term impacts.
Findings. The City Council hereby makes findings: Changes or alterations have been
required in, or incorporated into the project which avoid or substantially lessen the
significant environmental effect as identified in the Mitigated Negative Declaration/Initial
Study.
Facts in Support of Findings. The following facts or mitigation measures indicate that the
identified impact will be reduced to a level of insignificance.
Trans -1: The contractor will not construct in Main Street or Mariner Square Drive
during peak traffic period. The contractor will not block traffic on Marina
Village Parkway during peak traffic periods.
Trans -2: The contractor will prepare and implement a traffic control plan.
7
Trans -3: All in- street open trenches will be fenced during the day, and covered at
night.
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I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in regular meeting assembled on
the 7th day of December 1999, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
8th day of December , 1999.
Diane Felsch, City Clerk
City of Alameda